Little Falls transcript., 1887-03-25

finds that the inquiry is within the Jurisdiction
OF the commission, and that such coutunlacy or
refusal is willul and the same is persisted in,
such contunlecv Or refusal shall be punished as
though the same had taken place in an action
pending in the district court for any judiciat
district In this state. The claim that any such
testimony or evidence may tend to crlmlnate
the person giving such evidence shall not excuse
such witness from testifying: but such evidence
or testimony shall not be used against such per-
son on the trial Of any criminal proceeding
SEC. Ii tal Whenever an Investigation shall
be made by said commission. it shall be its duty
to make Its report in writing in respect thereto,
which shall include the findings Of fact upon
which the conclusion OF the commission are
based, together With it's recommendation as to
what reparaton if any. shculd DO made by the
common carrier to any party OK parties who may
be found 10 have been injured: ana such tiud-
ings so made shall thereafter in all Judicial pro-
ceedings. be deemed prina face evidence TO
each and every fact found. ali reports of uves
tigations made by the commission snail be ell
tered OF record. and copy thereof shall be fur
nlsned to the party who may have complained,
and to any common carrier chat may have been
complained Of, and the record thereof shall be
public.
{bl If in any case in which an investigation
shall be MADE by sold commission it shall be
made to aDrear to- the satisfaction OF thc com-
mission. either by Testimony Of witnesses or
other evldenG@, that anything has been done
omitted to pc done by any coramon carrier, in
Violation OF the provisions of this act OF Of any
law cOgnizablc by said commission, or that any
Injury OF damage has been sustained by the
party or parties complaining, OF by other parties
aggrleved III consequence Of any s1lch violation,
1t shall be the duty OF the commission to forth
with cause copy of its report III respect
thereto to be delivecedto such common carrier.
together with notice TO said cCnlnoI carrier to
cease and 1eslsr from such violation and TO
make PREPARATION for che injury SO found TO have
been done vii hin brief but reasonable time,
to be specified by the commission: and If
within the tine specified, it shall be made
to appear to the commission that such
common carrier has ceased from such viciati iou
or law, and has made reparatIOn for tie injury
found TO have been done in compliance with the
report and notice CT the commission or to the sat-
iSfaction oI the party complaining, astate ent to
that effect shall be entered Of record by the COM
mission, and the said common carrier shall
thereupoA tie relieved from further liability or
penalty Tor such particular violation OF law.
lc} But II said common carrier shall neglect or
refuse, withia the time specified, to desist iIoro
such violation Of law and make reparation for
the injury done in compliance With the report
and notice Of the commission as aforesaid, IL
shall be the duty Of the commission TO forthwith
certify the tat Of such NEGLECT ur refusal, and
TO the attorNe( general OF the state fCr reuress
and punish1nAlt as hereiuafl eI 7,rovitlel
SEC. Is. t,) That it shall be the uuLy Of the
attorney general to whom said commission may
forward its report and certificate. as provided
III the next preceding; section Of Tiiis act, " hen
IL shall appear from such report thai any 11lnry
or damage haa been sustained from ANY party
OF llrtleS ty reason Oh Stlc! Flp1GLGu 31 III" DT
such common carrier to forthwith cause snit 10
be brought IN the Dist riot court in The judicial
district wherein such TJulat1ou oc0llr-ed on be-
half and in the name CT the person ur persons
injured against such common carrier, for 5
coyery Of tlhnlttIes for such IN jury may have
been Sustained by the injured party; and the
costs and expenses of such prosecution shall be
paid Out Of be appropriation hereinafter pro-
v1ded for for the uses and purposes OF tliis act
tb And tie said court shall have power to
! hear and determine the matter en- such short
ioSr
the court shall deam reasonable: and such no.
tice shall be served e. such common carrier, his
OK its officers. agents Or servants, in such man
ner as the court shall direct: and said court
shall procoal to hear and determine the matter
speedily. and without the formal pleadiHgs and
proceedings applicable TO ordinary suits III eu-
uity: hU III such manner TO do justice in t.le
premises. ana to this end snch court shall have
power il It tlinSs fit TO direct and prosecute in
such mode and by such persons as IL NAV ap-
point all such inquiries as the court may think
| neeIfnl to enable il to 1or1n just judgment il
the naattor Of such petition And on such bear
ing the report OF said commission shall be prjma
1acie evidence OF tie matters therein stated.
~ And il 1t be made to appear to such court
on such hearing Or on repar5 OF any such person
Or persuns that the lawful order of requirement.
Of such commission. drawn III the cues.ion has
been vioateA disobeyed, shall he lawful tor
such court tc issue writ Of il! lnction other
proper process. mandatory OF o. nerwse, to re-
strain such common carrier from further con-
tjnuing such violation such disobedience of
| such order or requirement Of said commission,
and enjoining Obedience tothc same, and in case
Of any discbedenoe OF any such writ OF in juno
tiOn or other pr2Tsr process, mandatory other
wise, it shall he lawful tur such court to issue
wr1ts OF attachment, or any Other process OF said
injunction other proper process, man
datory OF otherwise against such common car
rier, and If corporation. against one OR moro Of
| the director;' officers or agents OF the same, Or
against any owner, lessee trustee, receiver or
other person tsilng to obey Sucn writ OF injunc-
tloh or Other proper process. mandatory or other
wise, and said court may. if it shall think fit,
make an order directing such common carrier or
other person 50 dlsobeylng such writ Of lnjunc-
tion OF other proper process, mandatory other
wise, to Pay, such sum of money not exceeding
tor each carrier person in default, the OF
| $500 1or every day after day to be named IN
the order, tina. such carrier Or other person shall
fail to obey such Injunction or other proper pro
shall be payable, as the court small direct, ei5her
to the party complaining, into court 60 abide
the ultimate decision Of the court ana ayuacnt
thereof may without prejudice to any other
mode Of recovering the same, be enforced by at
tachment or order in the nature nj 4 writ of ex~
ecution, in like manner as il the same had been
| recovered by a final decree III personam in such
court
Either party to such proceeding before said
court may appeal to the supreme court Of the
state, under the same regulations now provided
by law in respect to security for such appeal ;
but such appeal shall not operate TO stay or
supersede the order Of the court. or the execu-
tion OF any writ or process thereon. unless the
court hearing or deciding such case should 9TH
erwise direct and such court may, in, every such
matter, order the payment OF such costs and
counsel fees as shall be deemed reasonable.
I'D In case tho attorney general shall not
within period Of ten (1O) days after the max
ing of any order by the commission, commence
judicial proceedings tor the enforcement thereof,
any railroad company, or other common car
rer affected by suo order may at any time within
the period Of thirty (3O) days after the service
upon him or it of such order, and before ccrn-
mencement OF proceedings, appeal therefrom to
the district coart of any judicial district,
through Or into which his it's route
may run. by the service OF 9 written notice
OF such appeal upon some member or the secre-
tary Of such commission. And upon the taking
Of such appeal, and the fling Of the notice
thereof wish the proof Of service IN the office Of
be pending in SUCH court civil action of the
character and for the purposes mentioned in Sec
tions IL sHgl2 Of shis act: Upon such appeal,
enforcement Of any such order made by the
commission, or by the Attorney General, the
court shall have jurisdiction TO examine the
whole matter in controversy, including matters
OF faGt a. we'll as questions OF law and to affirm,
modify or rescind snch order in whole or in part,
as Justice NAV require, and in case OF any order
being modified as aforesaid, such modified order
shall for all the purposes contenplat by this
act. stand in place Of the original order so modi-
No appeal as aforesaid shall stay OF supersede
The order appealed from in SO far az such order
shall relate to rates OF transportation to modes
OF transacting the business OF the appellant with
the public, unless the court hearing OF deciding
such case shall SO direct.
SEC. 16. ta) That whenever facts, In any,man-
ner ascertained il by said commission, shall,
in Its Judgment warrant a prosecution,
it shall be che duty OF said commits
sion to Immediately cause suit to bs insti-
tnted and prosecuted against any common car
| this act. or Of any law Of this state. All SUCH
prosecutions shall be Id the name Of the State of
Minnesota, except as ts otherwise provided In
this act. or in any law OF this state and may be
instituted In any county in the state through or
into which the line Of any common carrier SO
sned may extend, and all penalties recovered
OF this state In any suit instituted in the mans
Of the state shall be Immediately paid into the